KALIYA AND Vs. STATE OF M P

JUDGEMENT

(1.) ALL the aforesaid three appeals arise out of a common judgment delivered in one Sessions Trial, therefore, they are being decided by this common judgment.

(2.) BEING dissatisfied by the judgment dated 16-2-1999 delivered in Sessions Trial No. 492/97 by the learned third Addl. Sessions Judge, Alirajpur thereby finding the appellants guilty of the offences punishable under Section 302/34, sentenced them each to suffer imprisonment for life, the appellants have preferred the aforesaid three appeals separately.

(3.) BRIEFLY stated, the facts of the prosecution case as unfolded before the trial Court were that on 26-7-1997 at 3. 30 p. m. in village Juwania forest, the complainant P. W. 1 Bhadu, deceased-Jaimalsingh s/o Bhadu and P. W. 2 Sardarsingh s/o Bhadu were ploughing the forest land admeasuring about 5 acres. At that juncture, the appellants reached over there. Appellant-Chhataria asked the complainant P. W. 1 Bhadu not to plough the said field because they had already ploughed the field earlier. On this the complainant P. W. 1 Bhadu told that he owned the land and he will plough the field. This was again objected to by appellant-Chhatariya and thereafter, the appellant-Chhataria exhorted his son Kaliya and co-accused-Harlia by using the words "maro SALON KO. " The appellant-Harliya shot an arrow which pierced in the chest of complainant P. W. 1 Bhadu. The appellant-Kallya also shot arrow which pierced in the leg of his bullock. When the complainant started running away, the appellant-Harliya shot arrow which pierced arm pit of Jaimal Singh. The appellant-Kaliya again shot an arrow which pierced at the chest of de-ceased-Jaimal Singh. Appellant-Harliya again shot an arrow which hit at the arm of left hand. Deceased-Jaimalsingh ran up to some paces, but fell down on the ground. The complainant P. W. 1 Bhadu raised cries upon which the witness Juwansingh (P. W. 3), Malsingh (P. W. 4) and his daughter-Balibai reached over there. Seeing them, the appellants fled away from there. The complainant-Bhadu disclosed about the incident to the villagers Chandarsingh, Shankar, Sarpanch Malsingh, watchman of village Ramsingh and also reached at the Police Station Nanpur with them. First Information Report Ex. P/l was lodged by P. W. 1 Bhadu.